PROCEDURES, PRACTICES AND STANDARDS OF SERVICE FOR CHILD PROTECTION CASES

Historical version for the period February 6, 2006 to November 23, 2006.

This Regulation is made in English only.

PART I GENERAL

1. In this Regulation,

“child” has the same meaning as in Part III of the Act;

“Child Protection Fast Track Information System” means the database containing information extracted from the records kept by societies respecting children and families with whom the society has had contact in connection with the society’s function under clause 15 (3) (a) of the Act;

“Risk Assessment Model” means the Ministry of Community and Social Services publication titled “Risk Assessment Model for Child Protection in Ontario” and dated March 2000. O. Reg. 206/00, s. 1.

2. Within 24 hours after receiving information that a child is or may be in need of protection, a society shall,

(a) record the information it received;

(b) rate the information it received in accordance with the rating criteria contained in the publication of the Ontario Association of Children’s Aid Societies titled “Ontario Child Welfare ELIGIBILITY SPECTRUM” and dated March 2000;

(c) record the rating made under clause (b) and the reasons for the rating;

(d) search the Child Protection Fast Track Information System for information that may be relevant in determining whether or not there are reasonable and probable grounds to believe that the child or any other child in the same family is in need of protection;

(e) record the information that may be relevant found under clause (d);

(f) decide, in accordance with the Risk Assessment Model, whether or not a full child protection investigation should be initiated with respect to the child and any other child in the same family;

(g) record the decision made under clause (f);

(h) if the decision made under clause (f) is that a full child protection investigation should be initiated,

(i) determine, in accordance with the Risk Assessment Model, the time within which a child protection worker should first meet with the child who is, or the children who are, the subject of the investigation, and

(ii) develop, in accordance with the Risk Assessment Model, a plan for carrying out the investigation; and

(i) record the determination made under subclause (h) (i) and the plan developed under subclause (h) (ii). O. Reg. 206/00, s. 2.

3. A society shall ensure that,

(a) when a child protection worker first meets with the child who is, or any of the children who are, the subject of a full child protection investigation, the worker conducts a safety assessment in accordance with the Risk Assessment Model and takes the actions that are immediately necessary to protect the child or children, as the case may be; and

(b) as soon as possible and no later than 24 hours after the first meeting referred to in clause (a), the worker records the safety assessment conducted under clause (a) and the actions, if any, the worker has taken under clause (a) to protect the child or children, as the case may be. O. Reg. 206/00, s. 3.

4. (1) After completing a full child protection investigation, a society shall,

(a) record the findings of the investigation;

(b) determine, in accordance with the Risk Assessment Model, whether or not there are reasonable and probable grounds to believe that the child who was, or any of the children who were, the subject of the investigation is in need of protection; and

(c) record the determination made under clause (b) and the reasons for it. O. Reg. 206/00, s. 4 (1).

(2) If the determination made by the society under clause (1) (b) is that there are reasonable and probable grounds to believe that the child who was, or any of the children who were, the subject of the investigation is in need of protection, the society shall,

(a) carry out, in accordance with the Risk Assessment Model, a risk assessment and an assessment of other child protection issues;

(b) develop and carry out, in accordance with the Risk Assessment Model, a plan for reducing the risk of future harm to the child who is, or the children who are, believed to be in need of protection; and

(c) record the assessments carried out under clause (a), the plan developed under clause (b) and the steps taken to implement the plan. O. Reg. 206/00, s. 4 (2).

(3) The society shall repeat the tasks it is required to perform under clauses (2) (a), (b) and (c) at least every six months until it determines, in accordance with the Risk Assessment Model, that the child is, or the children are, as the case may be, no longer eligible for child protection services. O. Reg. 206/00, s. 4 (3).

(4) When the society determines that the child is, or the children are, as the case may be, no longer eligible for child protection services, the society shall,

(a) review its most recent assessments under clause (2) (a) and its most recent plan under clause (2) (b); and

(b) record the review. O. Reg. 206/00, s. 4 (4).

PART II FAMILY AND COMMUNITY PLACEMENT

5. (1) This Part applies where,

(a) a society has determined that a child is in need of protection and cannot be adequately protected if he or she remains with the person having charge of the child;

(b) the child,

(i) has received services from the society but has not been placed in the society’s care by an agreement under subsection 29 (1) or by an order made under clause 51 (2) (d), paragraph 2, 3 or 4 of subsection 57 (1) or subsection 65 (1) of the Act, or

(ii) has been placed in the society’s care and the agreement or order described in subclause (i) will be terminated; and

(c) the society proposes or is apprised of a plan to place the child in the care of a person who is a relative of the child or a member of the child’s extended family or community in any of the following situations:

(i) in the context of a court proceeding for a supervision order under clause 51 (2) (c), paragraph 1 or 4 of subsection 57 (1) or subsection 65 (1) of the Act,

(ii) in the context of a court proceeding for an order relating to the custody of the child, or

(iii) where the person having charge of the child agrees to the placement. O. Reg. 21/06, s. 2.

(2) If a society proposes or is apprised of a plan to place a child with a relative or member of his or her extended family or community before the placement occurs, the society shall follow the procedures set out in section 7. O. Reg. 21/06, s. 2.

(3) If a society is apprised of a plan to place a child with a relative or member of his or her extended family or community after the child has begun living with that person, the society shall follow the procedures set out in section 8. O. Reg. 21/06, s. 2.

6. If a society proposes or is apprised of a placement plan in the circumstances described in subsection 5 (1) and the plan relates to the placement of a child who is an Indian or native child, a child protection worker shall,

(a) use his or her best efforts to consult with the child’s band or native community respecting the placement of the child before beginning to follow the procedures set out in section 7 or 8; and

(b) if the consultation with the band or native community does not occur before the procedures set out in section 7 or 8 are begun, continue to use his or her best efforts to carry out the consultation after the procedures are begun. O. Reg. 21/06, s. 2.

7. (1) Before a child is placed in the care of a relative or member of the child’s extended family or community, the society shall conduct an evaluation of the proposed plan for the care of the child to determine whether the person is capable of providing the child with a safe home environment. O. Reg. 21/06, s. 2.

(2) In an evaluation under subsection (1), the society shall use its best efforts to ensure that all of the following procedures are completed:

1. A child protection worker shall obtain information,

i. as to the identity of every person who is 18 years of age or older and resides in the home in which the child will be placed, and

ii. as to the nature of the relationship between the child and every person referred to in subparagraph i.

2. A child protection worker shall meet with the proposed primary caregiver and conduct an interview of the caregiver.

3. A child protection worker shall meet in private with the child who will be placed and conduct an interview appropriate to the child’s age and developmental capacity.

4. A child protection worker or a person designated by the society shall conduct an assessment of the home environment, including an assessment of the physical aspects of the home.

5. A child protection worker shall conduct a review of the society’s record and files for information relating to any person who is 18 years of age or older and resides in the home in which the child will be placed. O. Reg. 21/06, s. 2.

(3) As soon as practicable but no later than 30 days after completing the evaluation under subsection (1), a child protection worker shall document the evaluation. O. Reg. 21/06, s. 2.

(4) After the child is placed in the care of a relative or member of the child’s extended family or community, the society shall use its best efforts to ensure that the following procedures and practices are followed:

1. Within seven days of being apprised that the placement has occurred, a child protection worker shall,

i. conduct a home visit to the home in which the child was placed,

ii. shall meet in private with the child and conduct an interview appropriate to the child’s age and developmental capacity, and

iii. contact every person who is 18 years of age or older and resides in the home in order to obtain the person’s consent to a criminal record check and to the disclosure of information by any children’s aid society or any child protection authority in a jurisdiction outside Ontario.

2. As soon as practicable but no later than seven days after the society obtains the consent requested of a person under subparagraph 1 iii, the society shall,

i. make a request to the appropriate authority in any jurisdiction in which the person has resided for a verification of the person’s criminal record, and

ii. if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any children’s aid society in Ontario or any child protection authority outside Ontario for any information or records they may have relating to the person.

3. As soon as practicable but no later than seven days after the information requested under paragraph 2 is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information.

4. Within 30 days of being apprised that the placement has occurred, a child protection worker shall,

i. conduct a second home visit to the home in which the child was placed,

ii. shall meet in private with the child and conduct an interview appropriate to the child’s age and developmental capacity,

iii. conduct an interview with the primary caregiver, and

iv. ensure that the placement plan relating to the child is reviewed by a children’s aid society’s supervisor. O. Reg. 21/06, s. 2.

(5) Within seven days of receiving a request for information from another society under subparagraph 2 ii of subsection (4), a society shall respond to the request and the response shall indicate whether or not any information relating to the person specified in the request exists in the society’s files or records. O. Reg. 21/06, s. 2.

8. (1) If a society is apprised of a plan to place a child with a relative or member of his or her extended family or community after the child has begun living with that person, the society shall,

(a) conduct an evaluation of the placement to determine whether the person is providing the child with a safe home environment and is capable of continuing to do so; and

(b) use its best efforts to ensure that the procedures set out in subsections (4), (5) and (6) are followed after the evaluation is complete. O. Reg. 21/06, s. 2.

(2) In an evaluation under clause (1) (a), the society shall use its best efforts to ensure that as soon as practicable but no later than seven days after a society is apprised of the fact that a child has been placed with a relative or member of his or her extended family or community,

(a) all of the procedures set out in subsection 7 (2), with necessary modifications, are completed; and

(b) a child protection worker shall contact every person who is 18 years of age or older and resides in the home in order to obtain the person’s consent to a criminal record check and to the disclosure of information by any children’s aid society or any child protection authority in a jurisdiction outside Ontario. O. Reg. 21/06, s. 2.

(3) As soon as practicable but no later than 30 days after completing the procedures for an evaluation under clause (2) (a), the child protection worker shall document the evaluation. O. Reg. 21/06, s. 2.

(4) As soon as practicable, but no later than seven days, after the society obtains the consent requested of a person under clause (2) (b), the society shall,

(a) make a request to the appropriate authority in any jurisdiction in which the person has resided for a verification of the person’s criminal record; and

(b) if the person has resided in the past in an area outside of the society’s jurisdiction, make a request to any children’s aid society in Ontario or any child protection authority outside Ontario for any information or records they may have relating to the person. O. Reg. 21/06, s. 2.

(5) As soon as practicable but no later than seven days after the information requested under subsection (4) is received, the society shall review the information and document any decisions and actions it proposes to take with respect to the information. O. Reg. 21/06, s. 2.

(6) Within 30 days of being apprised that the placement has occurred, a child protection worker shall follow the procedures set out in paragraph 4 of subsection 7 (4). O. Reg. 21/06, s. 2.

9. Within seven days of receiving a request for information from another society under clause 8 (4) (b), a society shall respond to the request and the response shall indicate whether or not any information relating to the person specified in the request exists in the society’s files or records. O. Reg. 21/06, s. 2.

10. If all of the procedures set out in this Part have not been followed with respect to a particular matter, a society shall document,

(a) the circumstances and reasons why specified procedures were not followed; and

(b) any additional steps that were taken with respect to the matter. O. Reg. 21/06, s. 2.

11. If a child is to be placed with a relative or member of his or her extended family or community and that person resides outside of the jurisdiction of the society involved with the child’s case,

(a) in the case of a relative or member of the child’s extended family or community who lives in another jurisdiction in Ontario, the society may refer the matter to the society in that jurisdiction so that it can carry out all or part of the procedures under this Part; and

(b) in the case of a relative or member of the child’s extended family or community who lives outside Ontario, the society may request the assistance of another child protection authority in that jurisdiction. O. Reg. 21/06, s. 2.